Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: FRED JONES, P.E.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: Dec. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 29, 2009.
Latest Update: Dec. 23, 2024
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e we
STATE OF FLORIDA
FLORIDA BOARD OF PROFESSIONAL ENGINEERS
FLORIDA ENGINEERS i
MANAGEMENT CORPORATION,
Petitioner,
v. FEMC Case No. 03-0055
FEC Case We. 0 ey 3 at
FRED C. JONES, P.E, PME COS ONY
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Florida Engineers Management Corporation, hereinafter referred to as _
“Petitioner,” and files this Administrative Complaint before the Board of Professional Engineers
against Fred C, Jones, P,.E., hereinafter referred to as “Respondent”. This Administrative
Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding
concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In
support of this complaint, Petitioner alleges the following;
1. Petitioner is charged with providing administrative, investigative, and
prosecutorial services to the Board of Professional Engineers pursuant to Section 471.038,
Florida Statutes (1997). The Board of Professional Engineers is charged with regulating the
practice of engineering pursuant to Chapter 455, Florida Statutes.
2, Respondent is and has been at all time material hereto a licensed professional
engineer in the State of Florida, having been issued license number PE 54476. Respondent's last
knowi address is 915 29" Avenue West, Bradenton, Florida 34205.
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S w
UNT ONE
3. Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set
forth in this Count One.
4 Respondent is the engineer of record for a project hereinafter referred as the
Hampton Homes.
5, The Florida Home Maintenance project drawings contain structural deficiencies,
including but not limited to, the following:
a. The design dead loads and the live loads are not specified,
b. The specifications for the roof coverings, masonry and other structural
notes are incomplete.
c. The schedule for the pre-cast lintels are not provided,
d. The design wind uplift pressures are not calculated and specified on the
drawings.
& The soil conditions are not described on the drawings.
f. The roof support details at the front and rear porches and at the garage
doors and also the details of the front porch columns are not provided,
g. A site plan required by Section 104,2.4 of the Florida Building Code is not
provided.
6. Based on the foregoing, Respondent is charged with violating Section
471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering.
COUNT TWO
7, Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fuly set
forth in this Count Two.
FBMC y. Frod C Jones, P.E., Case # 03-0055 2
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8. Respondent is the engineer of record for a project hereinafter referred as the
12331 Golf Course Road (Hampton Houses),
9, The Respondent’s 12331 Golf Course Road project drawings contain structural
deficiencies, including but not limited to, the following:
a, The roof covering specifications are incomplete as per section 1507 of the
Florida Building Code.
b. Respondent failed to provide the roof diaphragm calculations. It appears
that the wind loads based upon a “partially enclosed” building are to high to be resisted by the
nailing pattern provided,
G The detailed masonry specifications including the mortar type, horizontal
joint reinforcement, grade of concrete masonry units etc. are not provided. The requirement of
the inspections for the masonry is not specified. The splice lengths of the bond beam
reinforcement for tension, compression, intersections and comers are not specified. The
masonry design could also not be accurately checked because of the lack of specifications.
4. The pre-cast lintet for the span of 22’-8” is inadequate. Respondent failed
to provide structural calculations in order to check the garage lintel for a span of 17°-4". The
safe load specified in the table is 911 Ibs. for 17°4” span lintel. However, the table does not
provide any information regarding the capacity of the lintel for the lateral forces.
®, The size and spacing of the wood studs aré‘not specified to check
compliance with table 2308.1A of the Florida Building Code.
f. The reinforcement of the thickened edge under the load bearing wood stud
at the garage is not specified.
FEMC v, Fred C. Jones, PE.; Case # 03-0055 3
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10. Based on the foregoing, Respondent is charged with violating Section
471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering.
COUNT THREE
H, __ Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set
forth in this Count Three.
12. The Respondent personally performed plans review and. inspections on his
Hampton Homes and 12331 Golf Course Road (Hampton Houses) projects.
13. Section 553.791(3), Florida Statutes, states a private provider may not provide
building code inspection services upon any building designed or constructed by the private
provider or the private provider’ s firm.
13. Based on the foregoing, Respondent is charged with violating Section
471.033(1)(a), Florida Statutes, by violating any provision of Chapter 471, Florida Statutes.
WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers
to enter an order imposing one or more of the following penalties: permanent revocation of
suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an
administrative fine, issuance of a reprimand, placement of the Respondent on probation, the
assessment of costs related to the investigation and prosecution of this case, other than costs
FEMC v. Fred C. Jones, P.E., Case # 03-0055 4
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associated with an attomey’s time, as provided for in Seotion 455.227(3), Florida Statutes, and/or
any other relief that the Board deems appropria’
SIGNED this £9 ay of green. , 2005.
hief Prosecuting Attormey
COUNSEL FOR FEMC:
Douglas D. Sunshine
Prosecuting Attorney
Florida Engineers Management Corporation
2507 Callaway Road, Suite 200
Tallahassee, Florida 32303
Florida Bar No. 935263
DDS/tb
PCP; October 2, 2003
September 16, 2005
PCP Members: Matthews, Burke, Seckinger
FILED
Oepartment of Business and Professional Regutstion
AGENCY CLERK
ask Soph 2. Werboron
oare_//- AY- OS
FEMC v, Fred C. Jones, PE, Case # 03-0055 5
Docket for Case No: 08-006239PL
Issue Date |
Proceedings |
Jun. 29, 2009 |
Order Closing Files. CASE CLOSED.
|
Jun. 24, 2009 |
Notice of Substitution of Counsel filed.
|
Jun. 24, 2009 |
Motion to Cancel Hearing and to Close File filed.
|
May 28, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 17 through 21, 2009; 9:30 a.m.; Bradenton, FL).
|
May 22, 2009 |
Motion to Continue Hearing filed.
|
May 22, 2009 |
CASE STATUS: Motion Hearing Held. |
Mar. 05, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 1 through 5, 2009; 9:30 a.m.; Bradenton, FL).
|
Mar. 02, 2009 |
CASE STATUS: Motion Hearing Held. |
Feb. 27, 2009 |
(Proposed) Order on Motion to Continue Final Hearing filed.
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Feb. 27, 2009 |
Motion to Continue Final Hearing filed.
|
Feb. 26, 2009 |
Notice of Transfer.
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Dec. 17, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10 through 12, 2009; 9:00 a.m.; Bradenton, FL).
|
Dec. 17, 2008 |
Order of Consolidation (DOAH Case Nos. 08-3967PL, 08-6238PL, 08-6239PL, 08-6240PL, 08-6241PL and 08-6242PL).
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Dec. 16, 2008 |
Initial Order.
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Dec. 16, 2008 |
Election of Rights filed.
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Dec. 16, 2008 |
Administrative Complaint filed.
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Dec. 16, 2008 |
Joint Motion for Continuance and to Reschedule Consolidated Hearing filed.
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Dec. 16, 2008 |
Agency referral filed.
|
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CASE STATUS: Motion Hearing Held. |